§ 50–1903. Blood tests; medical professional to withdraw blood.

(a) Only a medical professional acting at the request of a law enforcement officer may withdraw blood, subject to the provisions of this chapter, for the purpose of determining the alcohol or drug content thereof. This limitation shall not apply to the taking of breath or urine specimens.

(b)(1) Except as provided in paragraph (2) of this subsection, the following persons are immune from criminal and civil liability based upon a claim of assault and battery, or any other claim that is not a claim of malpractice, for any act performed in collecting a person’s blood:

(A) Any law enforcement officer who assists in the collection of specimens from a person pursuant to this section;

(B) Any medical professional, staff, or security personnel who collects or assists in the collection of specimens from a person pursuant to this section; and

(C) Any hospital, first-aid station, clinic, or other location where specimens are collected from a person pursuant to this section.

(2) The immunity provided in this subsection shall not apply to a person who collects or assists in the collection of specimens if that person commits gross negligence or engages in intentionally wrongful conduct.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 3; Sept. 14, 1982, D.C. Law 4-145, § 4(c), (f), 29 DCR 3138; Apr. 27, 2013, D.C. Law 19-266, § 101(c)(3), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 40-503.

1973 Ed., § 40-1003.

Section References

This section is referenced in § 50-1904.02 and § 50-1910.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 rewrote this section.

Emergency Legislation

For temporary (90 day) amendment of section, see § 101(c)(3) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary amendment of section, see § 101(c)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) amendment of this section, see § 101(c)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 101(c)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).